Kemble v. Wallis & Newcomb
New York Supreme Court
Demurrer to declaration. The plaintiff in his third count declared that the defendants made a certain agreement with him in the words following: (setting forth the agreement in hcec verba:) “ We, the subscribers, do agree to pay J. C. Kemble the cost or amount of publishing a work of 300 pages of original matter, written by Derick Newcomb, of Pittstown, and do bind ourselves to be responsible to said Kemble for 1000 copies of the said work, if the said Newcomb should fail in…
Read the full summary
Demurrer to declaration. The plaintiff in his third count declared that the defendants made a certain agreement with him in the words following: (setting forth the agreement in hcec verba:) “ We, the subscribers, do agree to pay J. C. Kemble the cost or amount of publishing a work of 300 pages of original matter, written by Derick Newcomb, of Pittstown, and do bind ourselves to be responsible to said Kemble for 1000 copies of the said work, if the said Newcomb should fail in paying after three months from the time of the delivery of the books signed, Benjamin Wallis, Derick Newcomb; and…
1Opinion of the Court
By the Court,
Sutherland, J.
The reasonable, and I think the true construction of the contract, as set forth in this count, is, that the defendants would be responsible for the expense of printing, to the extent of 1000 copies of the work mentioned therein. The responsibility of the surety was limited to that amount; but the contract did not bind the plaintiff to print 1000 copies at all events, whether they were required or not, so as to make the printing of that number a condition precedent to his right to recover any thing. The direction of Newcomb, therefore, to the plaintiff, to print only…
2Cases cited2 opinions
- Seymour & Bouck v. Van SlyckNew York Supreme Court · 1832
- Chace v. HinmanNew York Supreme Court · 1832
3Cited by6 opinions
- Kortright v. . CadyNew York Court of Appeals · 1860
- Hutchings v. . MungerNew York Court of Appeals · 1869
- Farmers' Fire Insurance & Loan Co. v. EdwardsNew York Supreme Court · 1841
- International Hotel Co. v. FlynnIllinois Supreme Court · 1909
- Simpson v. FrenchThe Superior Court of New York City · 1863
1 more not listed; retrieve them via the Exa API.